Johnson's Petition

Opinion by

Mr. Justice Parker,

The question raised by this appeal is whether, under the circumstances present here, diversion of traffic is an element to be considered in determining the damages due a land owner as a result of the Commonwealth’s taking a portion of a tract of land for the purpose of relocating a road, under the provisions of the so-called “Sproul Act” of May 31,1911, P. L. 168, as amended (36 PS §61). The land owner, on appeal from an award of viewers, secured a judgment and the Commonwealth has appealed from the refusal of the court below to grant a new trial.

Dean L. Johnson,…